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Attorney 1, Attorney

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The Situation: My boyfriend of a year and I moved in together

Resolved Question:

The Situation: My boyfriend of a year and I moved in together 4 months ago. Both our names are XXXXX XXXXX lease. My boyfriend's ex wife who is soooooo jealous and angry had him served with a Restraining Order saying that on the days that he has their 4 children, I can not be in the house (she filed false allegations about me in those papers, all lies to try to split us apart). Of course we are going to court to tell our story to the judge with a lawyer. My question is this, I was not served any papers. Do I have to stay out of my own home on the days his kids come over? This Restraining Order is not on me, but about me to him. Is it binding that I have to leave our premises? That is my home and my own practice is conduced out of my home?

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Attorney 1 :

Ordinarily, a restraining order needs to be served on the person being restrained to have actual validity. Since the restraining order is about you, but issued to your boyfriend, he was the only person served, and it becomes his responsibility to ensure that you are not in the vicinity of the children. If the order is disobeyed, he can be arrested for the violation. Seems a bit ridiculous, since the court seems, on onle level, to be ordering your boyfriend to control the whereabouts of a person he has no legal authority to control, but what the court is actually doing, is ordering him to control where he goes and what he does, and the environment in which he allows the children to be, when they are with him.

Thankfully, you should have your hearing date within a few days (usual date is set about 14 days from the date the temporary order is issued) and the matter will be resolved. You can argue the points you made here, and that, the court would be restraining you, without cause, and preventing you from being in your home, if the order became permanent. Be prepared to rebut the

Attorney 1 :

evidence the ex will have, with evidence of your own.

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